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C. M. POONACHA
Gajanana Narayansa Habib – Appellant
Versus
Vimala – Respondent
ORDER :
C. M. Poonacha, J.
CRP No.100086/2023 is filed challenging the order dated 27.03.2023 passed in S.C.No.45/2020 by the Court of I Addl. Senior Civil Judge and JMFC, Hubballi (hereinafter referred to as 'Trial Court'). CRP No.100087/2023 is filed challenging the order dated 27.03.2023 passed in S.C.No.46/2020 by the Trial Court.
2. Both the petitions are filed under section 115 of Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC'). The petitioner in both the petitions are one and the same and he was arrayed as Defendant No.4 in SC No.45/2020 and as the Defendant in SC No.46/2020. Respondent Nos.1 to 5 in CRP No.100086/2023 and the respondent in CRP No.100087/2023 are the plaintiffs in both the suits who sought for eviction of the tenant from the suit premises. Respondent Nos.6 to 8 in CRP No.100086/2023 were arrayed as Defendant Nos.1 to 3 in SC No.45/2020 since they were the legal heirs of the original tenant.
3. The parties will be referred to as per their ranking before the Trial Court as also of their status.
4. SC No.45/2020 was filed by the Plaintiffs arraying the legal heirs of the original tenant Sri Sambhajirao Chavan as Defendant Nos.1 to 3. In the said sui
The court upheld prior judgments affirming ownership and the landlord-tenant relationship, rejecting claims of adverse possession and ownership through will as legally insufficient.
The main legal point established in the judgment is that the Plaintiff must prove the relationship of landlord and tenant to be entitled to the reliefs sought in an eviction suit.
A suit for possession remains maintainable even if the landlord-tenant relationship is not proven, while claims of adverse possession require proof of hostile possession, which was not established.
The court affirmed that ownership claims must be supported by documentary evidence, and the principle of preponderance of probability governs determinations of title and tenancy.
Tenants cannot challenge the landlord's title in eviction proceedings; only the landlord-tenant relationship is relevant under the Chhattisgarh Rent Control Act, 2011.
A tenant cannot challenge the ownership of the landlord while concurrently asserting adverse possession; such defenses are mutually exclusive under established legal principles.
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